At a term of Supreme Court held in and
for the County of Wyoming, at Attica, New York, on the 24th day of July, 2000.

PRESENT: HONORABLE MARK H. DADD

Acting Supreme Court Justice

STATE OF NEW YORK

SUPREME COURT : COUNTY OF WYOMING

_____________________________________________

In the Matter of the Application of

MICHAEL SCOTT, #94-A-6196,

Petitioner

v.

Index No. 19,040

GLENN S. GOORD, Commissioner,

Department of Correctional Services, Respondent

FOR RELIEF PURSUANT TO ARTICLE 78 CPLR

_____________________________________________

For the Petitioner

WYOMING COUNTY-ATTICA LEGAL

AID BUREAU, INC.

Norman P. Effman, Director

14 Main Street

Attica, New York 14011

For the Respondent

ELIOT SPITZER, Attorney General

by Ann C. Williams

Assistant Attorney General

Statler Towers, 4th Floor

107 Delaware Avenue

Buffalo, New York 14202

MEMORANDUM AND JUDGMENT

By petition pursuant to Article 78 of the CPLR sworn
to on April&nbsp26, 2000, Michael Scott seeks
review of a superintendent's hearing completed
on January 13, 2000. Petitioner appeared by counsel assigned by an order to show cause datedMay 25, 2000 and contended that
the hearing should be annulled. Respondent requests that the petition
be denied upon the

answer dated July 17, 2000.

The petition is without merit. Petitioner initially claims
that the hearing was not completed within the fourteen day period
set forth in 7 NYCRR 251.5.1(b). The record shows that the hearing
was completed in accordance with the terms of an extension granted
in a timely manner on January 11, 2000, within fourteen days following
the December&nbsp28, 1999 misbehavior report (see Matter
of Ya'Qub Shamsid-Deen v. Selsky, 195 A.D.2d 1084 [1993]).
Furthermore, petitioner has failed to establish any prejudice
from the brief delay in completion of the hearing (see Matter
of Comfort v. Irvin, 197 A.D.2d 907 [1993], motion for leave
to appeal denied 82 N.Y.2d 662). Petitioner's administrative appeal
failed to preserve any claim that the hearing officer conducted
the proceeding in an unfair or partial manner (see Matter of
Samuels v. Kelly, 143 A.D.2d 506 [1988], motion for leave
to appeal denied 73 N.Y.2d 707; Matter of Cushing-Gale v. Kelly,
155 A.D.2d 996 [1989]).